MHD MAZHAR MHD IQUBAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally, with the consent of both sides.

(2.) The applicants-original accused No. 1 and 2 preferred present application under Section 482 of the Code of Criminal Procedure ("Cr.P.C.") seeking relief to quash and set aside criminal proceeding of Regular Criminal Case No. 47 of 2019, initiated pursuant to First Information Report ("FIR") bearing Crime No. 200 of 2018 registered with Nava Mondha Police Station, Parbhani, District Parbhani, for the offences under Sections 354, 509 and 294 read with Section 34 of Indian Penal Code ("IPC").

(3.) It has been alleged on behalf of prosecution that both the applicants are employed as Assistant Teachers in the Urdu High School run by Kamel Education Society, Parbhani. The respondent No.1- original complainant was also attached to the School as an Head Mistress. It has been contended that husband of respondent No.2 was the Secretary of alleged Kamel Education Society. He was also working as Clerk on the establishment of said School. According to applicants, respondent No.2- complainant and her husband used to collect 20 % amount from the salary of employees of the School, illegally. But, the applicants raised objection for such illegal demand of money from employees of the school. They had also ventilated the grievance to the concerned Education Officer, Zilla Parishad, Parbhani. But, there was no any action taken on behalf of Zilla Parishad. The illegal activities of respondent No.2- complainant and her husband for collecting 20 % amount from the salary of employees of the School were continued. They used to adopt method of pressurizing the employees to collect the amount. It has been alleged that in the month of May-2017, applicant No.1 Mhd. Mazhar approached to the respondent No.2 Head Mistress and requested to release his salary. But, she made demand of 20 % amount from the salary, which remained unpaid since last six months. The applicant No.1 Mhd. Mazhar was not willing to pay amount. Therefore, he approached to ACB, Sleuth, Parbhani. Pursuant to his complaint, ACB personnels led trap on 01-07-2017 and caught raid-handed one Baliram Mhaske, servant of the school, while accepting bribe amount on behalf of respondent No.2 - Head Mistress and her husband. Special (ACB) Case No. 2 of 2018 came to be filed against respondent No.2 and others. The applicants further added that on 12-07-2018, they filed an application to Nava Mondha Police Station, Parbhani and expressed their apprehension that respondent No.2 Head Mistress and her husband demanding 20 % amount from their salary illegally and they had also given threats that she will embroil them by making false allegations of her molestation. However, on 24-07-2018, respondent No.2 approached to the police of Nava Mondha Police Station, Parbhani and filed the impugned report that both the applicants on 23-07-2012 at about 12.40 p.m. in the School caught-hold her hand and pushed her. They also used obscene language towards respondent No.2 and attempted to molest her.